There is little doubt that any wrongful death is a family tragedy, but those caused by medical malpractice on the part of a negligent healthcare provider can be especially tragic because the victims trusted those certified and licensed professionals to stick to acceptable levels of care. In the state of Texas, wrongful death is a category of personal injury law that recognizes the liability of someone who causes the death of someone else for a wrongful act. Among the most common contributors to a wrongful death is through medical malpractice.
What Can Cause Medical Malpractice?
There are a number of ways that a medical professional can commit medical malpractice leading to a wrongful death. For example, medical conditions such as cancer, heart conditions and brain issues, that are not diagnosed correctly and in a timely manner can eventually become much more serious because permanent harm to a person’s health.
Another common situation that can lead to a fatal case of medical malpractice is in surgery. Surgical procedures are the absolute wrong place for a medical professional to make an avoidable mistake and yet, too many patients every year are the victims of surgical error. Surgery is a difficult process and not every bad outcome can be considered medical malpractice, but when a surgeon violates established standards of care to the point that patients are seriously injured or die, they should be held accountable for the wrongful death.
A lot can go wrong in surgery, even during the most common procedures, which is why responsible medical facilities and surgical teams take great precautions when they prepare even the most basic surgical procedures. However, regardless of the number of precautions taken, if a negligent medical professional enters the operating room, surgical errors are possible.
Among the most common surgical errors that medical malpractice attorneys are commonly confronted with include:
- Errors involving anesthesia, usually related to allergies that doctors should have been aware of
- Avoidable infections
- Accidentally damaging surrounding tissue, muscles, ligaments and nerves
- Leaving surgical instruments and other foreign devices inside patients after surgery
Again, it’s important to note that not every bad outcome automatically qualifies as medical malpractice. However, medical professionals are expected to adhere to all accepted medical standards of care that apply to all surgeons and all surgical procedures.
Another area of the hospital where medical malpractice occurs is in the emergency room, and too often mistakes lead to wrongful death. The types of negligence that are most common in emergency rooms usually have to do with medical professionals trying to do everything quickly and neglecting to do something crucial.
Among the most common examples of negligence in an emergency room that lead to wrongful death include:
- Either failure to diagnose a medical condition or a misdiagnosis;
- Failure to order necessary tests to make a diagnosis;
- Medication errors;
- Lab errors;
- Failure to treat or delayed treatment;
- Failure to admit or a premature discharge;
- Staffing issues, including inadequate training or a lack of communication among the healthcare team.
Any family members who are left to deal the loss of their loved one may file wrongful death claims based on medical malpractice. Under Texas personal injury law, the basis for filing this type of claim can include loss of support or companionship, which is usually suffered by the victim’s spouse or children, medical bills, funeral expenses, pain and suffering and other damages.
Contact a Texas Medical Malpractice Lawyer Today
A wrongful death is often one of the most catastrophic events that can occur in anyone’s life, and no one should have to go through this type of wrenching situation alone. If you and your family are suffering due to the wrongful death of a loved one due to medical malpractice, please contact the Medical Malpractice Attorneys at the Liggett Law Group today and let us help you get what you deserve.